DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
JRE
Docket No: 8694-01
18 March 2002
From: chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
FORMER
REVIEW OF NAVAL RECORDw-
Ref:
(a) 10 U.S.C. 1552
Encl :
(1) DD Form 149
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (I) with this Board requesting, in effect, that his naval record be corrected to
show that he was assigned a reenlistment code of RE-1 vice the RE-4 code he was assigned
on 14 May 1997.
2. The Board, consisting of Messrs. Carlsen, Ensley and McBride, reviewed Petitioner's
allegations of error and injustice on 21 February 2002 and, pursuant to its regulations,
determined that the corrective action indicated below should be taken on the available
evidence of record. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations
of error and injustice finds as follows:
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
b. Although enclosure (1) was filed not in a timely manner, the Board concluded that it
would be in the interest of justice to consider the application on its merits.
c. Petitioner served on active duty from 7 April to 14 May 1997, when he was
discharged with an uncharacterized, entry level separation, for erroneous entry (other). He
was assigned a reenlistment code of RE-4. The specific basis for his separation were the
residual effects of reconstructive knee surgery he underwent prior to his enlistment in the
Navy. Although he disclosed the condition before he enlisted, neither he nor the medical
authorities who approved his enlistment were aware that the knee had not healed to the point
where it could withstand the rigors of military training.
CSNCLUSION:
Upon review and consideration of all the evidence of record, the Board was not persuaded
that Petitioner was physically qualified for military service at the time of his discharge, or
that his discharge was otherwise erroneous. As such, he was not eligible for an RE-1
reenlistment code. It further concludes, however, that as there is no indication in available
records that Petitioner committed any acts of misconduct during his brief period of service,
or that he did not perform his duties to the best of his abilities, the stigma associated with an
RE-4 reenlistment code is unjust in this case. At~~c~rdingly,
following corrective action.
the Board recommends the
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he was assigned a
reenlistment code of RE-3E on 14 May 1997, in lieu of the RE-4 code he actually received
on that date.
b. That so much of Petitioner's request for correction of his naval record as exceeds
the foregoing be denied.
c. That a copy of this Report of Proceedings be filed in Petitioner's naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board's review and deliberations, and that the foregoing is a true and complete
record of the Board's proceedings in the above entitled matter.
ROBERT D. ZSALMAN
Recorder
AMES R'. EXNICIOS
Acting Recorder
5 . Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
of the Board for correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.
%&% Executive Directo
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